David Long-Daniels: Lawyer with Greenberg Traurig, LLP

David Long-Daniels

Chair, Atlanta Labor & Employment Practice; Co-Chair, Global Labor & Employment Practice
Atlanta,  GA  U.S.A.
Phone678.553.4744

Peer Rating
 5.0/5.0
AV® Preeminent

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Practice Areas

  • Litigation
  • Education
  • Labor & Employment
 
Contact InfoTelephone: 678.553.4744
Fax: 678.553.4745
http://www.gtlaw.com/People/David-Long-Daniels
 
University The University of Alabama, Culverhouse College of Commerce & Business Administration, B.S., 1982; Valdosta State University, M.P.A., 1985
 
Law SchoolMercer University Walter F. George School of Law, J.D., cum laude, 1990; Member, Law Review, Lewis F. Powell Award for Excellence in Oral Advocacy, Phi Alpha Delta Award - Most Outstanding Student, faculty selection, Order of the Coif
 
Admitted1990, Alabama; 2005, Georgia; Supreme Court of Alabama; Supreme Court of Georgia; Supreme Court of the United States; U.S. Court of Appeals for the Eleventh Circuit; U.S. District Court for the Middle District of Alabama; U.S. District Court for the Northern District of Alabama; U.S. District Court for the Southern District of Alabama; U.S. District Court for the Northern District of Florida; U.S. District Court for the Middle District of Georgia; U.S. District Court for the Northern District of Georgia
 
Memberships 

Professional & Community Involvement

•Alabama State Representative, Eleventh Circuit Judicial Conference

•Board Member, Compass Bank, Junior Board

•Board Member, Edward S. Norton, Birmingham-Southern College, Board of Advisors

•Board Member, Mercer University, Walter F. George School of Law, Board of Visitors

•Board Member, Operation New Birmingham

•Chairman, Executive Committee of the Community Affairs Committee, 1996

•Board Member, UAB School of Education, Board of Advisors

•Former President, Birmingham Board of Education

•General Counsel, Atlanta Community Food Bank

•Member, Alabama State Bar

•Member, Birmingham Bar Association

•Chairman, Unauthorized Practice of Law Committee, 1997

•Member, Nominating Committee

•Member, Birmingham Magic City and National Bar Associations

•Member, Defense Research Institute

•Member, Kiwanis Club

•Member, Panel of Arbitrators and Mediators, National Arbitration Forum

•Member, State Bar of Georgia

&bull

 
BornGlenwood, Alabama, August 20, 1960
 
Biography

Known for his creative approaches to difficult, high-stakes cases, David Long-Daniels, Co-Chair of the firm's Global Labor & Employment Practice and Chair of the Atlanta Labor & Employment Practice, represents clients across the country in complex labor and employment matters.

David's practice includes the representation of clients in claims under the Fair Labor Standard Act, Title VII of the Civil Rights Act, Family and Medical Leave Act, Americans With Disabilities Act, civil rights cases, and other federal and state labor and employment matters. A particular focus of David's practice is representing corporations in class and collective actions. David has defeated class certification in many cases and has tried labor and employment cases in jurisdictions across the United States.

David has taught labor and employment as an Adjunct Law Professor at both the University of Alabama School of Law and the Walter F. George School of Law at Mercer University. David has also written for the Defense Research Institute and has been quoted inThe National Law Journalon current legal matters. He has served as a moderator on the in-house and outside counsel relationships and other seminars for the National Bar Association.

Prior to focusing on employment matters, David practiced general commercial litigation, and continues to do so regularly. David's commercial litigation experience includes insurance coverage and bad-faith disputes, breach of contract and warranty claims, and franchisor-franchisee disputes. David has tried more than 50 jury trials and approximately 20 bench trials and arbitrations. David has frequently been hired by companies to step in and try cases that have gotten past summary judgment with other law firms. He has even had to try a couple of cases without the benefit of discovery.

Areas of Concentration

•Trial lawyer

•Labor and employment Class actions

•Collective actions

•Employment hiring criteria (validation litigation)

•Constitutional litigation

•Harassment litigation

•Corporate governance litigation ERISA litigation

•Commercial litigation Franchisee arbitrations

•Insurance defense and bad-faith actions

•Breach of commercial contract and warranty actions

•Wrongful death actions

Other Experience

•Adjunct Law Professor, Labor and Employment Law, Walter F. George School of Law Mercer University, 2004

•Adjunct Law Professor, Labor and Employment Law, University of Alabama Law School, 1992-2003

•Adjunct Law Professor, Fair Labor Standards Act, University of Alabama Law School, 2000

Articles, Publications, & Lectures

Articles

•Interviewed, How to Avoid Becoming a Victim of Trade Secret Theft,Inc.magazine, June 5, 2014

•Interviewed, From Smartphones With Love: Devices Aid Corporate Espionage ,Corporate Counsel, April 29, 2014

•Featured, Judge Chides EEOC For 'Raid' Complainant Lacked Basis for Alleged Grievances, Judge Says,Daily Report, October 4, 2013

•Quoted, Trade Secrets Law Is Still Murky,Daily Report, May 14, 2013

•Co-Author, Risky Business: Litigating Retaliation Claims,The Journal of the ABA Section of Labor & Employment Law, Volume 28, Number 3, Spring 2013

•Co-Author, Recent Trends in Wage and Hour Litigation: When a Wage Claim is No Longer Just a Wage Claim, MCCA 10th Annual CLE Expo, March 2011

•Co-Author, A Primer on the Class Action Fairness Act of 2005: Jurisdiction, Removal and Settlement Requirements, ACI 11th National Forum on Wage and Hour Claims and Class Actions, January 2011

•Co- Author, eDiscovery Lessons Learned: Pitfalls In-House Counsel and their Companies Encounter Meeting eDiscovery Obligations and How to Avoid Becoming the Next eDiscovery Lessons Learned,E-Discovery Connection, Defense Research Institute, February 4, 2010

•Co-Author, eDiscovery and Employment Cases: Steps to Take Now to Avoid the Pitfalls of eDiscovery,The Voice, Vol. 8, Issue 47, December, 2009

•Co-Author, Beware: Don't Let Staff Cuts Undermine Diversity,Fulton County Daily Report, June 23, 2008

•Author, Trends in Pregnancy Discrimination, EPLI Conference, New York City, 2008

•Author, Decreasing Damages in the Emotionally Charged Case, Defense Research Institute Seminar, Las Vegas, 2008

•Author, Shifting Focus: Union Activity Past and Present in the U.S. Meatpacking Industry, 2008

•Author, Effective Strategies for Defeating Collective Action, Phada Executive Series, 2008

•Author, Employers at Risk: New Federal Crackdown on Illegal Immigration Targets Companies,Atlanta Tribune, May, 2008

•Author, Pregnancy Discrimination: An Overview of One of Employment Law's Fastest Growing Discrimination Claims,Atlanta Tribune, September 2007

•Author, Federal Minimum Wage Increases,Atlanta Tribune, August 2007

•Author, Increase in Overtime Lawsuits a Wakeup Call for Business,Atlanta Tribune,October 2006

•Author, Temporary Workers: The Hidden Risk,Birmingham Business Journal, August 2000

•Author, Recent Developments Under the Americans with Disabilities Act of 1990,The Corporate Analyst, Vol. 8, No. 2, 1996

•Author, For the Greater Good: An Ethical Guide to Public Service, 1995

Speeches

•Speaker, The Best of the Worst Records in Social Media and Employment and Labor Law Developments, Employer Aid 2013: A Year in Review and a Look Forward, GT Labor & Employment Seminar, Phoenix, AZ, October 2, 2013

•Speaker, Gender Stereotypes and LGBT Employees: Turning a Powder Keg into a Respectful Workplace, 23rd Annual SHRM Atlanta HR Conference, April 29-30, 2013

•Speaker, Wage & Hour: Mitigating Risks and Ensuring Compliance in 2013, The Knowledge Group, LLC Live Webcast, April 24, 2013

•Speaker, The Evolution of Wage and Hour and EPLI, 18th Annual Conference on Employment Practices Liability Insurance, American Conference Institute, January 29-30, 2013

•Co-Presenter, Year in Review on FLSA, Class Certification and Hybrid Claims: Hot Jurisdictions, Emerging Trends, and What to Expect in 2013 after the Presidential and Congressional Elections, ACI's 17th National Wage & Hour Conference, Miami, FL, January 24-25, 2013

•Speaker, So What's Next? A Preliminary, Post-Election Look at the Next Four Years of Labor and Employment Law, Greenberg Traurig Labor & Employment Seminar, November 9, 2012

•Co-Speaker, You're Stressing Me Out! Legitimate Stress Leave or an Escape Tactic for the Problem Employee, Greenberg Traurig Labor & Employment Seminar, August 10, 2012

•Co-Presenter, Information Privacy and Security - Working Remotely, Social Networking, Employee Monitoring, 22nd Annual SHRM-Atlanta HR Conference, Atlanta, GA, March 13-14, 2012

•Speaker, Hybrid Claims: Countering Your Adversary's Attempts to Get Both Opt In and Opt Out Benefits in Class Claims, ACI 14th National Forum on Wage & Hour Claims and Class Actions, Miami, FL, January 30, 2012

•Speaker, Fundamentals of Wage and Hour Law: Insights for Managing the Risks of Wage and Hour Claims/Class Actions and Working with Outside Counsel, 21st Annual SHRM-Atlanta Human Resources Conference, Atlanta, GA, October 17-18, 2011

•Speaker, Georgia's Immigration Law, Greenberg Traurig Labor & Employment Seminar, August 3, 2011

•Speaker, Pitfalls: Social Media and Your Company's Legal Exposure, Georgia HR Star Conference, Atlanta, GA, May 11, 2011

•Speaker, Increased DOL Enforcement Resources Widen the Wage and Hour Bulls-Eye for the Plaintiff's Bar, MCCA CLE Expo, Chicago, IL, March 15-17, 2011

•Speaker, Lifting as We Climb - Ensuring Justice and Equality, NBA Commercial Law Section, 24th Annual Corporate Counsel Conference, Orlando, FL, February 24-25, 2011

•Speaker, Navigating the Complexities of FLSA, Rule 23 and Hybrid Claims: Strategies for Litigating Wage & Hour Claims on Federal and State Levels, ACI's 11th Annual National Forum on Wage Hour Claims and Class Actions, Miami, FL, January 31-February 1, 2011

•Speaker, Ethical Practice Considerations: When Does Tactical and Aggressive Representation Cross the Line? Defense Research Institute Fire and Casualty Seminar, Chicago, IL, November 4-5, 2010

•Speaker, Federal Government Realities & Expectations, Southeastern Food Processors Association Annual Conference, Hilton Head Island, SC, October 30, 2010

•Speaker, Contingent Workers & Independent Contractors: Avoiding Misclassification Pitfalls, SHRM Atlanta Human Resource Conference, Atlanta, GA, October 18, 2010

•Speaker, How the EEOC, DOL, OSHA and Other Federal Agencies are Revamping their Investigative Processes, SHRM Atlanta Human Resource Conference, Atlanta, GA, October 18, 2010

•Panelist, Magistrate Judge Merit Selection Panel, The Selection Appointment, and Reappointment of U.S. Magistrate Judges, Atlanta, GA, August 9, 2010

•Speaker, Fair Labor Standards Act: Strategies for Avoiding Liability, HR Star Conference, Atlanta, GA, May 13, 2010

•Speaker, The Fair Pay Act: Ledbetter One Year Later, Third Annual Labor & Employment Law Continuing Legal Education Conference, National Bar Association, March 25-26, 2010

•Speaker, Hot Labor & Employment Law Topics, Mid-America Food Processors Association Annual Meeting, March 2, 2010

•Speaker, Fair Labor Standards Act (FLSA), Greenberg Traurig Labor & Employment Seminar, January 29, 2010

•Speaker, The Pregnancy Discrimination Act (PDA), Greenberg Traurig Labor & Employment Seminar, January 29, 2010

•Speaker, Staying Ahead of the Curve in Wage & Hour Litigation, 15th Annual Conference on Employment Practices Liability Insurance, American Conference Institute, January 25-26, 2010

•Speaker, Hot Labor and Employment Law Topics, Southeastern Food Processors Association Conference, October 24, 2009

•Speaker, Beyond the Billable Hour - An Extreme Makeover of Fee Arrangements that Make Dollars and Sense in a Challenging Economy, Seventh Annual Full Day Conference, NJCCA, Whippany, NJ, September 24, 2009

•Speaker, Jeopardy in the Workplace: An Interactive Review of Significant Developments in Labor & Employment Law, 84th Annual National Bar Association Annual Meeting, San Diego, CA, August 5, 2009

•Speaker, The Fair Labor Standards Act: Strategies for Avoiding Liability, National Bar Association Conference, August 2009

•Speaker, Implications Of The Lilly Ledbetter Fair Pay Act Of 2009 and Strategies for Protecting Your Company, SHRM, Atlanta, GA, July 9, 2009

•Speaker, 2009 ADA and FMLA Amendments: Effectively Managing Employee Leaves Under the New Rules, Second Annual Labor and Employment Law Continuing Legal Education Conference, National Bar Association, New Orleans, LA, March 27, 2009

•Speaker, Sitting at the Head of the Class: FLSA Class Certification, First Annual Labor & Employment Continuing Legal Education Conference, National Bar Association, May 30, 2008

•Presenter, The Fair Labor Standards Act: Understanding the Issues, Preventing Problems, and Defending Against Claims, Atlanta HR Star Conference, May 14, 2008

•Speaker, Decreasing Damages in Emotionally Charged Cases, Damages Seminar, Defense Research Institute, 2008

•Speaker, Reducing Liability and Damage Awards in Discrimination Cases, Employment Practices Liability Insurance Conference, January 23-24, 2008

•Speaker, Phada Executive Director Education Program, Rutgers University, January 17, 2008

•Speaker, Trends in Claims Under the Pregnancy Discrimination Act, Federal Bar Association, September 6, 2007

•Speaker, Arbitration of Employment Disputes, Current State of the Law and the Future, Georgia ICLE, September 2006

•Speaker, Phada Executive Management Course on Personnel Management, Rutgers University, September 2006

•Speaker, What Advocates Want from Mediators: Empathy? Effectiveness? Evaluation? All of the Above? ABA Employment Mediation Program, April 2006

•Speaker, Phada Executive Management Course on Personnel Management, Rutgers University, December 2004

Associated News & Events

Press-Releases

06.13.14 Fifteen Greenberg Traurig Atlanta Attorneys Included in 2014 USA Chambers Guide

05.29.14 Greenberg Traurig's Jonathan Sulds & David Long-Daniels to Speak at ACI's 21st Annual National Forum on Wage & Hour Claims and Class Actions

05.23.14 Greenberg Traurig Attorneys, Practices Included in 2014 Chambers USA Guide

03.27.14 Greenberg Traurig Has the Most Attorneys Listed in the Top 100 List of the 2014 Edition of Georgia Super Lawyers Magazine

06.28.13 Five Greenberg Traurig Attorneys Recognized in 2013 Who's Who Legal International Who's Who of Management Labour & Employment Lawyers List

05.28.13 Chambers USA Guide 2013 Includes 176 Greenberg Traurig Attorneys, 33 Practice Areas

05.07.13 Greenberg Traurig Obtains a Supreme Court of Georgia Decision on an Issue of First Impression

05.02.13 42 Greenberg Traurig Attorneys Listed in 2013 Edition of Georgia Super Lawyers Magazine

12.11.12 Thirty-Four Greenberg Traurig Attorneys Named to Georgia Trend's Legal Elite

06.07.12 2012 Chambers USA Guide Includes More than 170 Greenberg Traurig Attorneys, 38 Practice Areas

Alerts

09.24.13 DOL Publishes Final Rule Eliminating Exemption to FLSA's Minimum Wage and Overtime Provisions for Home-Healthcare Workers

11.09.10 Georgia Approves Employer-Friendly Amendment Affecting Non-Competition, Non-Solicitation and Non-Disclosure of Confidential Information Covenants

 
Reported CasesRepresentative Commercial Litigation Experience ; Represented Anheuser-Busch in a high profile case involving the late baseball great Roger Maris's family. The family was represented by nationally renowned Willie Gary of the Gary, Williams, Parenti, Finney, Lewis, McNamus, Watson, Sperando law firm. Roger Maris and his brother, Rudy Maris, founded a beer distributing company called Maris Distributing. Our client terminated its relationship with Maris Distributing, which then sued for breach of contract and defamation. The case was originally tried in 2002 by another law firm. The jury returned a $100,000,000 plaintiff's verdict on the breach of contract claim, but the court ordered a mistrial on the defamation claim. Barry Richard and David Long-Daniels were brought in on the second trial to try the defamation case. On retrial, Plaintiff demanded $5 billion. The trial, which was widely publicized and contained a potentially inflammatory racial overtone, lasted almost four weeks and involved almost every member of the Maris family. The jury deliberated for two hours, but immediately before the jury verdict was announced, Plaintiffs' counsel initiated settlement discussions and we settled the case on terms favorable to client. The verdict was sealed by the court.; Represented Southeastern Mechanical Services, Inc. (SMS) in a case involving theft of trade secrets and unfair competition brought by SMS against a direct competitor, as well as three former SMS employees who had joined the competitor. SMS alleged that the defendants stole SMS's trade secrets, violated the federal Computer Fraud and Abuse Act, and committed other unlawful acts under Florida law. SMS obtained a TRO and preliminary injunction against all defendants. The injunction ordered Defendants to return all SMS property within 24 hours and enjoined the Defendants from using SMS's trade secrets or calling on SMS's customers. It was the first time this judge had recommended preliminary injunctive relief in her more than 20 years as a jurist. Pursuing an aggressive discovery strategy, established that the three former employees had stolen SMS's computerized trade secrets and used them to expand the competitor's business into the Florida market, where SMS was located. Discovered that the former employees had secretly funneled customers and corporate opportunities to the competitor while still employed by SMS. The employees and others had also secretly wiped various computers and PDAs in an effort to hide their wrongdoing. Moved for sanctions due to spoliation of evidence, and the court ordered that an adverse inference jury instruction would be given. Immediately prior to trial, the matter settled on favorable financial terms, as well as the defendants' agreement to extend both the time and scope of the already-sweeping preliminary injunctive relief. All the individual defendants, as well as the CEO, COO, and a division president of the competitor, were terminated during or as a result of this litigation.; Defended five executives of a large insurance company against claims for tortious interference with contract asserted by former employee. The employee had previously sued the insurance company for race discrimination under 42 U.S.C. 1981. That case went to trial, which resulted in a complete defense jury verdict. The plaintiff then sued the individuals in Georgia state court. The insurance company was originally represented by another law firm in Atlanta. After conducting no discovery, the insurance company moved for summary judgment based primarily on res judicata . The motion was denied, and the case was set for trial. The case was resolved on the eve of trial.; Defended large commercial matter in British Columbia, Canada. The case involved the explosion of an industrial waste-heat boiler allegedly caused by a defective repair to the boiler. The plaintiff alleged that client, which had performed maintenance and upgrades on the boiler in the past, caused the explosion by making the defective repair, or negligently failed to alert the plaintiff to the existence of the defective repair. Plaintiff alleged breach of contract, breach of warranty, and general negligence against client and others, and is demanding more than $28 million in damages. Other Commercial Litigation Experience ; Defended numerous wrongful death actions.; Litigated and defended numerous commercial cases involving allegations of bad faith against insurance companies.; Represented a weight-loss franchise and handled several arbitrations involving franchisees.; Represented numerous clients in cases involving breach of contract and other commercial disputes. Representative Labor & Employment Experience ; New Process Steel, L.P. v. National Labor Relations Board , 130 S.Ct. 2635 (2010). Represented New Process Steel, L.P., the appellant, in a case before the Supreme Court of the United States challenging an unfair labor practices finding by the National Labor Relations Board. The case involved a labor dispute in which the union wanted to cut employees' pay, vacation and benefits in order to obtain a new contract with client. After the employees rejected the contract and declined to strike, the union filed an unfair labor practices claim with the NLRB alleging that New Process Steel failed to honor its collective bargaining agreement. Client disagreed and opposed the union. Sought review in the Seventh Circuit Court of Appeal challenging the merits of the NLRB's findings and argued that the board lacked authority to issue the decision because two members did not constitute a quorum. The Seventh Circuit ruled in the NLRB's favor; filed a petition for a writ of certiorari in the Supreme Court of the United States. The Supreme Court granted certiorari and subsequently reversed the Seventh Circuit's decision by holding that the NLRB's decision was invalid because the Board lacked authority to issue decisions when there were only two sitting Board Members.
 
ISLN905374817
 

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DOL Publishes Final Rule Eliminating Exemption to FLSA's Minimum Wage and Overtime Provisions for Home-Healthcare Workers
Brett T. Lane,David Long-Daniels, September 27, 2013
On September 17, 2013, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) released its long-awaited final rule on the application of the Fair Labor Standards Act (FLSA) to domestic service workers. The final rule, set to become effective January 1, 2015, makes significant...


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Office Information

David Long-Daniels

3333 Piedmont Road NE, Suite 2500
AtlantaGA 30305




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